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" If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not... "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Side 73
av New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 43

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 sider
...allegations shall be liberally construed with a view to substantial justice between the parties; but when the allegations of a pleading are so indefinite...uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain by amendment."...
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Official Report of the Trial of Henry Ward Beecher, Volum 1

Theodore Tilton, Henry Ward Beecher, Austin Abbott - 1875 - 910 sider
...that position is sound. The language of the section is: " When the allegations of a pleading are sо indefinite or uncertain that the precise nature of...apparent, the court may require the pleading to be made definite and certain." It will be observed that it is only where the precise nature of th« charge...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 498 sider
...irrelevant or redundant, and motions to correct a pleading on the ground of its heing " so indefiuite or uncertain that the precise nature of the charge or defense is not apparent," must he noticed hefore demurring or answering the pleading, and within twenty days from the service...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 498 sider
...on motion of any person aggrieved thereby. And when the allegations of a pleading are so Indefiuite or uncertain that the precise nature of the charge...apparent, the court may require the pleading to be made definlte and certain by amendment. jurisdicnon, bnt such jndgment or determination may be stated to...
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Humorous Phases of the Law

Irving Browne - 1876 - 212 sider
...shall "be liberally construed, with a view of substantial justice between the parties." If pleadings "are so indefinite or uncertain that the precise nature...or defense is not apparent, the court may require them to be made definite or certain by amendment." No variance between pleadings and proof is material,...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Volum 4

Austin Abbott - 1857 - 608 sider
...action is correct, but the manner of stating them improper. ' . It is true that under section 160, when the allegations of a pleading are so indefinite...or uncertain that the precise nature of the charge is not apparent, the court may require the pleading to be made definite and certain by amendment ;...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 sider
...allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain by amendment." 2 " All fictions in pleading are abolished ; "* " A material allegation...
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Civil malpractice: a treatise on surgical jurisprudence

Milo Adams McClelland - 1877 - 588 sider
...allegations shall be liberally construed with a view to substantial justice between the parties; but when the allegations of a pleading are so indefinite...uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain by amendment.'...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 484 sider
...embarrassment of the court and J ury , and the delay and obstruction of the course of Justice, section 120 provides, that when the allegations of a pleading...uncertain that the precise nature of the charge or defence, is not apparent, the court may require the pleading to be made definite and certain by complaint...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 sider
...indefinite ing are so indefinite or uncertain that the precise meaning or application tojn'uu thereof, is not apparent, the court may require the pleading to be made tiousdefinite and certain by amendment. I • ir I TITLE 1. CHAPTER VII. GENERAL PROVISIONAL REMEDIES...
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